and as is more particularly specified below. Read this EULA carefully before
using and/or installing the Materials. If you do not agree to all of the terms
and conditions of this EULA, do not using and/or installing the Materials and
return them to Gizmondo at the “Notice” address below.
1.DEFINITIONS
The following definitions apply in this EULA:
‘Materials’ means the GizmondoTM device, its software (including without
limitation the object code and all data forming of the software), the CD-ROM
manual and any software provided thereon (including without limitation the
ActiveSync software), and all of the packaging or other documentation
related thereto, and any and all updates, versions, releases and other
amendments and additions thereto from time to time provided by or on
behalf of Gizmondo.
‘Gizmondo’ means Gizmondo Games, Gizmondo Studios and Gizmondo
Europe Limited (company number: 04620348, incorporated in England and
Wales) contactable at the Notice address below.
‘Purchaser’ means the original purchaser of the Materials.
‘User’ means any person using the Materials.
2.GRANT OF LICENSE
2.1. The Purchaser is granted a non-exclusive, non-transferable licence by
Gizmondo to use and install the Materials (as appropriate) for the purpose
for which they are intended as described by such Materials, for
NON-COMMERCIAL PERSONAL USE ONLY and subject to the limitations
set out in clause 3 and subject always to your compliance with applicable
laws. Without limiting the foregoing, you may only use the Materials (and
the features and functionality thereof, and the goods and services to which
you may be given access or which are provided to you thereby) for
legitimate and lawful purposes, in compliance with applicable laws, provided
always you so use the same without infringing or misappropriating any rights
of any third party. No licence is given to copy, publish, distribute,
communicate to the public, transmit, sublicense, rent, lease, lend, modify,
translate, perform, resell, create derivative works or decompile the
Materials (as appropriate). Without limiting any of the foregoing, the
ActiveSync software which forms part of the Materials may only be
downloaded onto a single PC.
2.2. The Purchaser may permit a User to use the Materials, but only in
accordance with the grant set out in clause 2.1 and subject to the limitations
set out in clause 3, provided always that the Purchaser remains responsible
for such User’s use of the Materials in accordance with this EULA.
3. LIMITATIONS ON USE
3.1. The Purchaser shall not have the right (or the right to authorise others)
to make any copies of the Materials and/or to permit, authorise, assign,
sub-license, lease, rent, lend, transmit, grant a security interest in, or
otherwise transfer rights to the Materials.
3.2. The Purchaser shall not itself and shall not authorise or assist in the:
translation, performance, resale, creation of derivative works, publishing,
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